2024-05-10 11:01:00
The New York Court ruled against Mane Swett, but in any case, he will be able to return to his son and will have the right to appeal.
The New York Court ruled against the Chilean actor Maine Swett in an attempt to recover his 11-year-old son, who is in the United States after visiting his father John Bowe, in December 2022.
The actress started a legal battle to try to get her son to return to Chile, after more than a year of the journey from which he never returned. Specifically, the minor left the country on 23 December 2022 and the father should have returned him on 8 January 2023.
Although the court ruled against him, he still Mane Swett will be able to see his son and has the right to appeal.
The point at which Mane Swett was right
As said MondayJohn Bowe admitted “that (the child) was improperly detained in the United States,” However, the court’s ruling considered the testimony of the 11-year-old minor, who had an “established” life in the North American country.
The Hague Convention prescribes that to create a case of unlawful detention it must be proven that the child’s habitual residence was in a foreign country and that the detention violates Mane Swett’s custodial rights in this case.
The ruling recognized that “(the child’s) detention in New York was a a clear violation of Swett’s custodial rights (…) by keeping (the child) and declaring that he intended to keep (the child), Bowe breached the custody order. As for the third element, “There is no dispute that Swett was exercising his custodial rights.”
On the other hand, Judge Paul A. Engelmayer did not grant the American defense point that there is “a serious risk that the return would expose the child to physical or psychological damage.”
The judge established in writing that “exaggerate (the child’s) trauma. and the prospects that he will resume on his return. “He has not shown by clear and convincing evidence that he would, in Chile, be at great risk of suffering harm.”
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